Q. Can our company require an independent contractor to wear a specific uniform? And can we stipulate that the contractor buy the uniform through us?
A. The U.S. Department of Labor has been focusing more intently on independent contractors and whether they are properly classified or are really employees. That analysis involves many factors, none of which stands alone.
Requiring an independent contractor to wear a specific uniform and buy it from you probably falls on the employee side of the equation. However, the determination of whether that individual is truly an independent contractor would take into account a variety of other factors as well.